The appeal is dismissed.

The grounds of appeal are examined.

According to the records, while appealed against the judgment of the first instance, the defendant asserted the misunderstanding of facts as well as unfair sentencing on the grounds of appeal, but revoked the grounds for appeal of mistake on the second trial of the court below.

In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles is not a legitimate ground for appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, a final appeal may be filed on the grounds of unfair sentencing. Thus, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for final appeal.

In addition, Article 383 subparagraph 4 of the Criminal Procedure Act, which limits the grounds for appeal on one of the grounds of unfair sentencing, belongs to the territory of the freedom of formation permitted by the legislative authority, and thus the provisions of the above Act cannot be deemed to violate the principle of excessive prohibition. Thus, the grounds for appeal to the effect that the above provisions of the Act are unconstitutional

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.